Exempts retired police officers from certain provisions pertaining to large capacity ammunition feeding devices.

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S2505-2013 Actions

• Jan 18, 2013: REFERRED TO CODES

S2505-2013 Memo

BILL NUMBER:S2505

TITLE OF BILL:  An act to amend the penal law, in relation to
exemptions pertaining to large capacity ammunition feeding devices and
retired police officers

PURPOSE:  This bill exempts retired police officers from provisions
pertaining to large capacity ammunition feeding devices.

SUMMARY OF PROVISIONS:

Section 1: Amend subdivision of section 265.20 of the penal law by
adding a new paragraph 11-a, to exempt retired police officers, as
defined in subdivision thirty-four of section 1.20 of the Criminal
Procedure Law.

JUSTIFICATION:  This legislation addresses the newly enacted gun
legislation and changes it so as to not restrict retired law
enforcement officers from protecting themselves and the public, by
limiting them to only seven rounds. Current legislation permits
retired law enforcement officers who are in possession of the 10-round
magazines to only load them with a maximum of seven rounds and not to
their capacity.

LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect on the same date and in
the same manner as paragraphs (b) and (c) of subdivision 23 of section
265.00 of the penal law as amended by section 38 of Chapter 1 of the
laws of 2013.

S2505-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    2505

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 18, 2013
                                 ___________

  Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
    printed to be committed to the Committee on Codes

  AN ACT to amend the penal law, in relation to exemptions  pertaining  to
    large capacity ammunition feeding devices and retired police officers

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Subdivision a of section 265.20 of the penal law is amended
  by adding a new paragraph 11-a to read as follows:

    11-A. POSSESSION OF A LARGE CAPACITY AMMUNITION  FEEDING  DEVICE  THAT
  CONTAINS  MORE  THAN SEVEN ROUNDS OF AMMUNITION OR IS OBTAINED AFTER THE
  EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH
  ADDED THIS PARAGRAPH AND HAS A CAPACITY  OF,  OR  THAT  CAN  BE  READILY
  RESTORED  OR  CONVERTED TO ACCEPT, MORE THAN SEVEN ROUNDS OF AMMUNITION,
  BY A RETIRED POLICE OFFICER, AS "POLICE OFFICER" IS DEFINED IN  SUBDIVI-
  SION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
    S  2.  This  act  shall  take  effect on the same date and in the same
  manner as paragraphs (b) and (c) of subdivision 23 of section 265.00  of
  the penal law as amended by section 38 of chapter 1 of the laws of 2013,
  take effect.





   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD07930-02-3